Employment law

By Martin Edwards, Mace & Jones, Liverpool

Gogay v Hertfordshire County Council (2000) IRLR 703The Court of Appeal upheld a judge's decision that a local authority was in breach of the implied contractual duty of trust and confidence in suspending a residential care worker pending an investigation into allegations of child abuse.

It does not follow that an employee should be suspended because the local authority has reasonable grounds for making enquiries into allegations of child abuse.

A distinction should be drawn between the process of investigating whether a child is at risk of significant harm and the process of dealing with an employee who is alleged to be implicated in that risk.

Hale LJ acknowledged the fact that where there is a conflict between the interests of a child in a council's care and the interests of an employee, 'the interests of the child should prevail.

But the employee is entitled to something better than the 'knee-jerk' reaction which occurred in this case'.The Court of Appeal upheld an award of damages to the care worker in respect of psychiatric illness brought on by the employer's breach of contract in suspending her.

There is a distinction between a recognised psychiatric illness on the one hand and hurt feelings on the other.

Therefore, the House of Lords' decision in Addis v Gramophone Co Ltd (1909) AC 488 was distinguishable.